“Gender-Identity” Policies and Religious Freedom

Utah recently passed anti-discrimination legislation to protect the claimed rights of homosexuals and transsexuals while including certain exceptions meant to guarantee religious freedom. Now activists are pushing for similar proposals, known as “Fairness for All,” in other states and on the federal level. Examining proposals for such legislation, Ryan Anderson argues against the claims made in their favor:

The approach [taken by the Utah law and similar legislative proposals] creates new protected classes in anti-discrimination law based on sexual orientation and gender identity and then grants limited exemptions and protections, mainly to religious organizations. . . . Because the new laws . . . impose new penalties on people (in some cases, jail time), the burden is on their proponents to prove the need for such laws, the “fit” between the law and the harms to be addressed, and either the lack of infringement of a preexisting right or the sufficient justification for its infringement. The record indicates clearly that proponents have failed to carry their burden on all counts. . . .

These laws are not about the freedom of LGBT people to engage in certain actions, but about coercing and penalizing people who in good conscience cannot endorse those actions. . . . It is one thing for the government to allow or even to endorse conduct that is considered immoral by many religious faiths, but it is quite another thing for government to force others to condone and facilitate it in violation of their beliefs.

There is also a practical difference between proposals for new anti-discrimination policies and policies prohibiting discrimination on the basis of race or sex. . . . When the Civil Rights Act of 1964, [which proponents of “Fairness for All” laws often cite as precedent,] was enacted, blacks were treated as second-class citizens. Individuals, businesses, and associations across the country excluded blacks in ways that caused grave material and social harms without justification, without market forces acting as a corrective, and with the tacit and often explicit backing of government. . . . Resort to the law was therefore necessary.

But no such legal push is necessary today. . . . [Therefore], the legal response that was appropriate to remedy the legacy of slavery and Jim Crow is not appropriate for today’s challenges. Simply adding sexuality and gender identity to far-reaching anti-discrimination laws and then tacking on some exemptions is not a prudent strategy. The policy response to the legitimate concerns of people who identify as LGBT must be nuanced and appropriately tailored. Anti-discrimination laws, however, are blunt instruments by design, and many go beyond intentional discrimination and ban actions that have “disparate impacts” on protected classes. Policymakers therefore need to rethink how to formulate and implement policy in this area.

Read more at Heritage

More about: American law, Civil rights movement, Freedom of Religion, Homosexuality, Politics & Current Affairs, Transsexuals

What Israel Can Achieve in Gaza, the Fate of the Hostages, and Planning for the Day After

In a comprehensive analysis, Azar Gat concludes that Israel’s prosecution of the war has so far been successful, and preferable to the alternatives proposed by some knowledgeable critics. (For a different view, see this article by Lazar Berman.) But even if the IDF is coming closer to destroying Hamas, is it any closer to freeing the remaining hostages? Gat writes:

Hamas’s basic demand in return for the release of all the hostages—made clear well before it was declared publicly—is an end to the war and not a ceasefire. This includes the withdrawal of the IDF from the Gaza Strip, restoration of Hamas’s control over it (including international guarantees), and a prisoner exchange on the basis of “all for all.”

Some will say that there must be a middle ground between Hamas’s demands and what Israel can accept. However, Hamas’s main interest is to ensure its survival and continued rule, and it will not let go of its key bargaining chip. Some say that without the return of the hostages—“at any price”—no victory is possible. While this sentiment is understandable, the alternative would be a resounding national defeat. The utmost efforts must be made to rescue as many hostages as possible, and Israel should be ready to pay a heavy price for this goal; but Israel’s capitulation is not an option.

Beyond the great cost in human life that Israel will pay over time for such a deal, Hamas will return to rule the Gaza Strip, repairing its infrastructure of tunnels and rockets, filling its ranks with new recruits, and restoring its defensive and offensive arrays. This poses a critical question for those suggesting that it will be possible to restart the war at a later stage: have they fully considered the human toll should the IDF attempt to reoccupy the areas it would have vacated in the Gaza Strip?

Although Gat is sanguine about the prospects of the current campaign, he throws some cold water on those who hope for an absolute victory:

Militarily, it is possible to destroy Hamas’s command, military units, and infrastructure as a semi-regular military organization. . . . After their destruction in high-intensity fighting, the IDF must prevent Hamas from reviving by continuous action on the ground. As in the West Bank, this project will take years. . . . What the IDF is unlikely to achieve is the elimination of Hamas as a guerrilla force.

Lastly, Gat has some wise words about what will happen to Gaza after the war ends, a subject that has been getting renewed attention since Benjamin Netanyahu presented an outline of a plan to the war cabinet on Thursday. Gat argues that, contrary to the view of the American and European foreign-policy elite, there is no political solution for Gaza. After all, Gaza is in the Middle East, where “there are no solutions, . . . only bad options and options that are much worse.”

Read more at Institute for National Security Studies

More about: Gaza Strip, Gaza War 2023, Israeli Security